Examples of Medical Negligence
Medical malpractice arises whenever a doctor, hospital, or other health care provider injures a patient due to omission or a careless act. Negligence may occur due to errors in diagnosis, care, aftercare, or health management.
The following elements must be included in the claim for it to be declared medical malpractice according to the law:
- A breach of the standard of care — The law recognizes that the field acknowledges particular medical standards as competent medical care by fairly competent healthcare practitioners in similar situations. This is referred to as the standard of care.
A patient has a right to demand medical professionals to provide care that meets these standards. If it is established that the actions did not meet the standard of care, you may prove negligence.
- An injury resulted from negligence — It is not enough for a medical malpractice claim to be admissible if a health care provider just breached the standard of care. In addition, the patient must demonstrate that they suffered an injury, which would not have happened were it not for negligence.
An unfortunate outcome does not constitute malpractice in and of itself. The patient must demonstrate that the injury was caused by negligence. There is no case if an injury was not caused by negligence or if the negligence did not cause the injury.
- Significant damages were incurred as a result of the injury — Medical malpractice claims are exceedingly costly to litigate because they usually necessitate the testimony of several medical specialists as well as endless hours of questioning testimony.For a case to be valid, the patient must demonstrate that substantial damages occurred from harm sustained due to medical negligence.If the damages are minor, the costs of obtaining the lawsuit may outweigh the final reward. To file a medical malpractice case, the plaintiff must demonstrate that the damage caused lost wages, disability, significant pain, hardship, suffering, or considerable past and anticipated hospital expenses.
Common Examples of Medical Malpractice
- Failure to identify or misdiagnose
- The improper dosage or medicine prescription
- Inappropriate surgery
- Surgical mistakes or wrong place surgery
- Ignoring or misreporting laboratory data
- Inadequate after or follow-up care
- Ignoring or failing to take an acceptable patient history
- Premature release
- Failing to notice symptoms
- Failing to conduct appropriate testing
Select An Experienced Medical Malpractice Lawyer
When the preliminary investigation shows that a patient’s suffering may result from a medical care practitioner’s negligence, it is critical to consult with an expert medical malpractice lawyer.
These types of cases entail sophisticated legal and medical considerations, and in most states, the individual filing the action (the plaintiff) must first clear a series of procedural hurdles.
To find out more regarding filing a medical negligence claim, and explore your legal rights and options, contact Karnas Law Firm. Get started today by scheduling a free legal consultation with an experienced Car Accident Attorney.